Philip Matthews v. Medallion Corporation and Susan Drakes, 2010 HRTO 367

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Philip Matthews

Applicant

-and-

Medallion Corporation and Susan Drakes

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: February 18, 2010

Citation: 2010 HRTO 367

Indexed as: Matthews v. Medallion Corporation

1In an Interim Decision, 2010 HRTO 311, the Tribunal consolidated these two Applications. The first Application, Tribunal File No. 2009-2090-I, filed on April 27, 2009, is scheduled for hearing on February 22, 2010. The applicant seeks an adjournment of the hearing date, which the respondent opposes.

2The second Application, Tribunal File No. 2009-03860, was filed on October 14, 2009. If the adjournment is not granted, the consolidated applications will both be heard on February 22, 2010.

3The applicant asks for more time to prepare and obtain evidence among other reasons because of the consolidation, which the Tribunal ordered on February 10, 2010. This only provides 12 days’ notice of the hearing date for the second Application. The applicant also notes that he was in hospital from November 11, 2009 to January 6, 2010. The respondents argue that some of the preparation that the applicant wishes to do relates to documents they filed in the first Application, that it was the applicant who requested consolidation and that he should not be allowed to delay matters through doing so, and that they have arranged for the attendance of two witnesses on February 22, 2010, one from out of town.

4I am sympathetic to the respondents’ concerns. However, the Tribunal must ensure that there is appropriate notice of the hearing and time to prepare for both parties. In light of the fact that the Applications were consolidated only 12 days before the hearing, and that the applicant was in hospital for nearly two months of the four months since the second Application was filed, the balance tilts toward granting an adjournment in these exceptional circumstances.

5Accordingly, the hearing is adjourned. The Registrar will contact the parties to schedule a new date.